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§12A-2A-402.
§12A-2A-402.
ANTICIPATORY REPUDIATION
(1) If either party repudiates a lease contract with respect to a
performance not yet due under the lease contract, the loss of which
performance will substantially impair the value of the lease contract
to the other, the aggrieved party may:
(a) for a commercially reasonable time, await retraction of
repudiation and performance by the repudiating party;
(b) make demand pursuant to Section 41 of this act and await assurance
of future performance adequate under the circumstances of the
particular case; or
(c) resort to any right or remedy upon default under the lease
contract or this article, even though the aggrieved party has notified
the repudiating party that the aggrieved party would await the
repudiating party's performance and assurance and has urged
retraction.
(2) In addition, whether or not the aggrieved party is pursuing one of
the remedies provided for in subsection (1) of this section, the
aggrieved party may suspend performance or, if the aggrieved party is
the lessor, proceed in accordance with the provisions of this article
on the lessor's right to identify goods to the lease contract
notwithstanding default or to salvage unfinished goods (Section 71 of
this act).
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